Clarkson v Waverley Council [2020] NSWLEC 1266

Land and Environment Court New South Wales

Medium Neutral Citation: Clarkson v Waverley Council [2020] NSWLEC 1266 Hearing dates: Conciliation conferences on 27 February 2020, 27 March 2020, 21 April 2020, 20 May 2020 and 15 June 2020 Date of orders: 24 June 2020 Decision date: 24 June 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Courts orders that: (1) The Applicant is granted leave to amend the development application and rely upon the following plans in the proceedings referred to at Annexure 'A'. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away in the agreed amount of $12,448 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development Consent is granted to Development application DA-342/2018 seeking the demolition of a pair of semi-detached dwellings and construction of two new semi-detached dwellings and common garage at 5 and 5a St Thomas Street, Bronte, subject to those conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Waverley Local Environment Plan 2012 Category: Principal judgment Parties: Michael Clarkson (First Applicant) Katherine Clarkson (Second Applicant) Waverley Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicants) S Patterson (Solicitor) (Respondent)